Legal Question in Construction Law in Massachusetts

Re: Unauthorized work

Your question is unanswerable without additional facts. Why, specifically, do you claim the work was "unauthorized"?

If the work was truly unauthorized, and the person who performed it did not reasonably expect to be paid for the work, the answer to your question is no. But why would someone perform work at your house, presumably to increase the value and benefit you the owner/tenant, without any expectation of being paid? Chances are the work was performed WITH the expectation of being paid, but there is some ambiguity or misunderstanding along the way, leading you to claim the work was unauthorized, and the worker to claim s/he is entitled to be paid for work that benefits you. Perhaps s/he was instructed by someone you contracted with to perform the work. Or by someone acting on your behalf (with or without actual authority to bind you). In these circumstances, the question would be, why, and what were the circumstances surrounding the issue.

You do have some risk, as those who perform work on real property and expect to be paid - but are not - can file a mechanics lien (attachment) against the property itself, and ultimately force sale of the property to satisfy the amount due. Again, this depends on the facts.

You need to be careful here to avoid the possibility of a lien filing. Contact me if you need help.

Re: Unauthorized work

Generally, no. If you did not expressly or impliedly authorize the work. However, I suggest you contact an attorney who specializes in construction law.